Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words from the Gospel of St. Luke, Chapter 14 (v.28) (NIV):

"Suppose one of you wants to build a tower. Will he not first sit down and estimate the cost to see if he has enough money to complete it?"
Let us pray.

Our Father in heaven, we have great concepts... and visions... and hopes... and dreams for a high quality of life for all the people of our beloved State.

As we build our budgets... and fashion our programs of desire... and need... for our people, make us realists who see that we adequately count the cost.

Help us to distinguish between luxuries we cannot afford and necessities which we must provide for all our people.

Help us to approach our stewardship in these days with integrity of character, fidelity to high trusts... and fair play... nourished by the gifts of Thy Spirit in whose Name we pray.

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

April 24, 1991
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Appointment, Member, State Development Board, with term to expire May 21, 1996:

14th Judicial Circuit:

Mr. James R. Rhodes, Jr., Post Office Box 880, Ridgeland, S.C. 29936 VICE Harry Hill

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Member, State Board of Barber Examiners, with term to expire June 30, 1995:

At-Large:

Mr. William D. Norris, 918 Natchez Trail, West Columbia, S.C. 29169

Referred to the General Committee.

Initial Appointment, Member, State Fire Marshal Board of Appeals, with term to expire September 6, 1991:

Consumer:

Mr. Harold B. Swygert, Swygert & Associates, Ltd., Post Office Box 11686, Columbia, S.C. 29211

Referred to the General Committee.

Reappointment, Member, South Carolina Continuum of Care for Emotionally Disturbed Children Board, with term to expire June 30, 1995:

Region II - Rural:

Dr. Laura R. Dawson, Ed.D., Route 2, Box 545, Denmark, S.C. 29042

Referred to the Committee on Medical Affairs.

Reappointment, Member, State Human Affairs Commission, with term to expire June 30, 1994:

3rd Congressional District:

Mr. Wilman W. McClellan, Sr., Post Office Box 272, Liberty, S.C. 29657

Referred to the Committee on Judiciary.

April 22, 1991
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Reappointment, Member, Berkeley County Board of Voter Registration, with term to expire March 15, 1992:

At Large

Mr. Harold President, Route 1, Box 2105, Cross, S.C. 29436

The following was received and referred to the appropriate committee for consideration:

Document No. 1385
Promulgated By Department of Health and Environmental Control
61-68 Water Classifications and Standards
61-69 Water Classifications
Received By Lt. Governor April 26, 1991
Referred to Senate Committee on Medical Affairs
120 day review expiration date August 24, 1991

The following was received:

Document No. 1337
Promulgated By Department of Health and Environmental Control
Standards For Licensing Day Care Facilities For Adults
Received By Lt. Governor January 8, 1991
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 7, 1991
Withdrawn April 26, 1991

S. 177 -- Senators Martschink and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-50 SO AS TO PROHIBIT THE USE OF A FACSIMILE MACHINE TO TRANSMIT UNSOLICITED ADVERTISING MATERIAL WHICH OFFERS TO SELL GOODS OR SERVICES.

The House returned the Bill with amendments.

On motion of Senator MARTSCHINK, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

The following were introduced:

H. 3412 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-31-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN CONTINUING EDUCATION REQUIREMENTS FOR COUNTY AUDITORS, AND TO AMEND SECTION 12-45-15, RELATING TO CERTAIN CONTINUING EDUCATION REQUIREMENTS FOR COUNTY TREASURERS, SO AS TO REVISE THESE REQUIREMENTS AND THE PENALTIES FOR FAILURE TO SATISFACTORILY COMPLETE THEM.

Read the first time and referred to the Committee on Finance.

H. 3477 -- Reps. Barber, Wilkins, J. Williams, G. Bailey, Rama, Cole, L. Elliott, Chamblee, Kempe, A. Young, Klapman, Smith, Beatty, Haskins, Cato, Vaughn, Sturkie, Holt, J.W. Johnson, J. Brown, Scott, Huff, Lanford, Koon, Wilkes, Wright, Burch, Corning, Gregory, J.C. Johnson and Waites: A BILL TO AMEND SECTION 62-3-1001, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING IN PROBATE COURT OF CERTAIN DOCUMENTS BY A PERSONAL REPRESENTATIVE, SO AS TO EXTEND FROM THIRTY TO NINETY DAYS THE PERIOD THE DOCUMENTS MUST BE FILED AFTER THE REPRESENTATIVE RECEIVES A STATE OR FEDERAL ESTATE TAX CLOSING LETTER.

Read the first time and referred to the Committee on Judiciary.

H. 3550 -- Reps. Cromer and Manly: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF LAW ON HANDICAPPED PARKING, SO AS TO INCREASE THE PENALTIES FOR FIRST, SECOND, THIRD, AND SUBSEQUENT OFFENSES AND PROVIDE THAT, IN THE CASE OF A THIRD OR SUBSEQUENT OFFENSE, THE DRIVER'S LICENSE OF THE VIOLATOR MUST BE SUSPENDED FOR NINETY DAYS.

Read the first time and referred to the Committee on Transportation.

H. 3603 -- Reps. Waites and Kinon: A BILL TO AMEND SECTION 27-18-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOLDING OF INTANGIBLE PROPERTY FOR THE OWNER BY A COURT, STATE, OR OTHER GOVERNMENT, SO AS TO INCREASE FROM ONE TO FIVE YEARS THE HOLDING TIME FOR PROPERTY BEFORE IT IS DECLARED ABANDONED.

Read the first time and referred to the Committee on Judiciary.

H. 3606 -- Reps. Waites, Kinon, Rogers, Corning, Quinn, Keyserling, Rama, Cork, Rudnick, Glover, McGinnis, Kempe, Burriss, Huff, Beasley and Cromer: A BILL TO AMEND SECTIONS 14-7-190 AND 14-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING OF PETIT JURORS TO SERVE AS JURY POOL, SO AS TO PROVIDE THAT JURORS BE DRAWN NOT LESS THAN FIFTEEN DAYS INSTEAD OF TEN DAYS BEFORE THE TERM OF COURT; TO AMEND SECTION 14-7-250, RELATING TO THE DISPOSITION OF NAMES OF THOSE DRAWN AND WHO SERVE ON JURIES, SO AS TO PROVIDE THAT A JUROR MAY ONLY SERVE ONCE WITHIN FIVE YEARS; TO AMEND SECTION 14-7-1550, RELATING TO THE DRAWING OF GRAND JURY VENIRE, SO AS TO INCREASE THE NUMBER DRAWN FROM THIRTY TO FIFTY; AND TO REPEAL SECTION 14-7-400 RELATING TO THE DATE BY WHICH THE SHERIFF MUST SUMMON JURORS.

Read the first time and referred to the Committee on Judiciary.

H. 3607 -- Reps. Waites, Kinon, Corning, Quinn, Keyserling, Beasley, Burriss, Kempe, McGinnis, Rogers, Huff, Cromer and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-725 SO AS TO PROVIDE THAT WHERE GENERAL SESSIONS FINES OR RESTITUTION PAYMENTS ARE PAID THROUGH INSTALLMENTS, A COLLECTION COST CHARGE OF THREE PERCENT OF THE PAYMENT MUST ALSO BE COLLECTED BY THE CLERK OF COURT AND TRANSFERRED TO THE COUNTY TREASURER FOR DEPOSIT TO CREDIT OF THE COUNTY GENERAL FUND.

Read the first time and referred to the Committee on Judiciary.

H. 3775 -- Rep. Bennett: A BILL TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING AND IDENTIFICATION OF NONGAME FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR FLOATING MARKERS; TO AMEND SECTION 50-13-1135, RELATING TO COMMERCIAL AND NONCOMMERCIAL FISHING LICENSES FOR TAKING FRESHWATER NONGAME FISH WITH CERTAIN FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR A TROTLINE; TO AMEND SECTION 50-13-1145, RELATING TO THE MAXIMUM NUMBER OF DEVICES FOR FRESHWATER FISHING, SO AS TO REVISE THE NUMBER OF TROTLINE HOOKS; TO AMEND SECTION 50-13-1150, RELATING TO APPLICATIONS AND FEES FOR RESIDENT AND NONRESIDENT COMMERCIAL FISHING LICENSES, SO AS TO INCREASE THE FEE FOR NONRESIDENTS FROM FIVE HUNDRED TO SEVEN HUNDRED FIFTY DOLLARS; TO AMEND SECTION 50-13-1155, AS AMENDED, RELATING TO TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES, SO AS TO INCREASE THE PURCHASE PRICE FOR THE TAGS AND PERMITS FOR NONRESIDENTS TO FIFTY DOLLARS; TO AMEND SECTION 50-13-1180, RELATING TO TROTLINES, SO AS TO REQUIRE TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE TO HAVE A GAP AND PROHIBIT STAINLESS STEEL HOOKS; TO AMEND SECTION 50-13-1192, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES USED IN FRESHWATER, SO AS TO REVISE THE REQUIREMENTS FOR TROTLINES; AND TO AMEND SECTION 50-13-1195, RELATING TO PENALTIES IN THE PROTECTION OF NONGAME FISH, SO AS TO AUTHORIZE THE FORFEITURE OF TAGS AND PERMITS AND PROVIDE FOR THE INELIGIBILITY FOR OTHER TAGS AND PERMITS UPON FORFEITURE.

Read the first time and referred to the Committee on Fish, Game and Forestry.

Senator HOLLAND, from the General Committee, submitted a favorable with amendment report on:

S. 16 -- Senator Passailaigue: A BILL TO ADOPT THE SOUTH CAROLINA COLLEGIATE ATHLETIC ASSOCIATION PROCEDURES ACT.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable with amendment report on:

H. 3650 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1991, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTIONS 9-1-1140, AS AMENDED, AND 9-11-50, AS AMENDED, OF THE 1976 CODE, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT EFFECTIVE FOR A MEMBER RETIRING AFTER MARCH 31, 1991, A MEMBER SHALL RECEIVE SERVICE CREDIT FOR NOT MORE THAN NINETY DAYS OF HIS UNUSED SICK LEAVE AT NO COST TO THE MEMBER, AND TO PROVIDE THAT THIS ADDITIONAL SERVICE CREDIT MAY NOT BE USED TO QUALIFY FOR RETIREMENT; TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO CONSOLIDATE INTO ONE ITEM THE DEDUCTIONS ALLOWED FOR VARIOUS TYPES OF RETIREMENT INCOME, TO DEFINE RETIREMENT INCOME, TO PROVIDE THAT A TAXPAYER MAY DEDUCT NOT MORE THAN THREE THOUSAND DOLLARS OF RETIREMENT INCOME ANNUALLY; AND TO REPEAL SECTION 12-7-436 RELATING TO AN OBSOLETE LIMITATION ON THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-27-1270, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT FUNDED FROM THE REVENUES OF THE THREE CENTS ADDITIONAL TAX ON GASOLINE AND MOTOR FUELS, SO AS TO PROVIDE THAT THE ACCOUNT MUST BE REPLENISHED ANNUALLY SO THAT FIFTEEN MILLION DOLLARS OF UNOBLIGATED OR UNCOMMITTED FUNDS ARE AVAILABLE ON JULY FIRST FOR THE CURRENT YEAR, TO ALLOW FUNDS OBLIGATED OR COMMITTED IN THE PRIOR YEAR TO BE CARRIED FORWARD AND EXPENDED, TO DELETE LANGUAGE RELATING TO A LIMIT ON THE ACCOUNT, TO DELETE OBSOLETE LANGUAGE, AND TO DELETE PROVISIONS AUTHORIZING CONTINUING EXPENDITURES FOR A STATE INFRASTRUCTURE MODEL; TO AMEND SECTION 27, PART II, ACT 658 OF 1988, AS AMENDED, RELATING TO THE SPECIAL TREATMENT FOR LONG-TERM CAPITAL GAINS RECOGNIZED BETWEEN JANUARY 1, 1987, AND JUN 22, 1987, AND THE STATE INCOME TAX REFUNDS OR CREDITS ALLOWED AS A RESULT OF THE SPECIAL TREATMENT, SO AS TO REDUCE THE AMOUNT OF THE REFUND OR CREDIT ALLOWED BY ONE-HALF; TO AMEND SECTION 44-7-84 OF THE 1976 CODE, AS AMENDED, RELATING TO THE MAXIMUM NUMBER OF MEDICAID PATIENT DAYS FOR MEDICAID NURSING HOME PERMITS, SO AS TO PROVIDE THAT THE ANNUAL TWO DOLLAR ADMINISTRATIVE FEE IS FOR EACH PATIENT DAY USED AND TO DELETE THE JUNE 30, 1991, EXPIRATION DATE FOR THIS ADMINISTRATIVE FEE; TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 12-21-2420 OF THE 1976 CODE, RELATING TO THE ADMISSIONS TAX, SO AS TO INCREASE THE TAX FROM FOUR TO FIVE PERCENT, ALLOW THE TAX TO BE LISTED SEPARATELY FROM THE COST OF ADMISSION ON AN ADMISSION TICKET, AND DELETE OBSOLETE LANGUAGE; AND TO AMEND SECTION 51-1-75, RELATING TO ALLOCATION AND USE OF THE ADMISSIONS TAX, SO AS TO INCREASE THE AMOUNT IN THE GENERAL FUND; TO PROVIDE THAT THE NINE ADDITIONAL CIRCUIT JUDGES ADDED PURSUANT TO ACT 610 OF 1990 SHALL TAKE OFFICE JANUARY 1, 1992, RATHER THAN JULY 1, 1991; TO AMEND SECTION 44-56-160, AS AMENDED, OF THE 1976 CODE, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND AND THE PINEWOOD HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO DELETE THE REFERENCE TO ANNUAL APPROPRIATIONS BY THE GENERAL ASSEMBLY TO BE USED IN ADDITION TO FEES TO FINANCE THE HAZARDOUS WASTE CONTINGENCY FUND; TO AMEND SECTION 9-17-40 OF THE 1976 CODE, RELATING TO CONTRIBUTIONS UNDER THE OPTIONAL RETIREMENT PROGRAM FOR EMPLOYEES OF PUBLICLY SUPPORTED FOUR-YEAR AND POST GRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO PROVIDE THAT THE EMPLOYING INSTITUTION'S CONTRIBUTION TO THE PLAN MAY NOT BE LESS THAN FOUR AND ONE-QUARTER PERCENT OF COMPENSATION; TO AMEND SECTION 11-5-210, AS AMENDED, OF THE 1976 CODE, RELATING TO THE REQUIREMENT THAT CERTAIN BOARDS AND COMMISSIONS REMIT REVENUES AND INCOME PROMPTLY TO THE STATE TREASURER, SO AS TO ADD TO THE LIST OF BOARDS AND COMMISSIONS THE STATE ATHLETIC COMMISSION, THE STATE BOARD OF REGISTRATION FOR GEOLOGISTS, AND THE STATE BOARD OF EXAMINERS FOR PROFESSIONAL COUNSELORS, AND ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS AND PROVIDE THAT THE BOARDS AND COMMISSIONS LISTED IN THIS SECTION ARE KNOWN AS PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES (POLA); TO AMEND ITEM (2) OF SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN OPERATED DEVICES, SO AS TO EXEMPT FROM THE LICENSE FEES BATTING MACHINES ON WHICH ADMISSIONS TAXES ARE CHARGED; TO AMEND SECTION 12-27-390 OF THE 1976 CODE, RELATING TO THE DISTRIBUTION OF A PORTION OF THE GASOLINE TAX TO COUNTIES IN PROPORTION TO THE NUMBER OF REGISTERED WATERCRAFT, SO AS TO PROVIDE THAT THE FUNDS MUST BE ALLOCATED INSTEAD OF DISTRIBUTED TO THE COUNTIES, PROVIDE THAT THE WILDLIFE AND MARINE RESOURCES DEPARTMENT BE REIMBURSED FOR REHABILITATION COSTS IN ADDITION TO ENGINEERING AND DESIGN COSTS, AND DELETE A PROVISION WHICH PROVIDES THAT FUNDS FOR REIMBURSEMENT TO THE DEPARTMENT BE CHARGED AGAINST THE FUNDS OF THE COUNTY IN WHICH THE PROJECT IS PROPOSED; TO AMEND SECTION 4-10-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, SO AS TO PROVIDE THAT FIVE PERCENT OF THE REVENUE GENERATED BY COUNTIES WITH FIVE MILLION DOLLARS OR MORE IN COLLECTIONS BE COMPLETELY DISTRIBUTED AMONG THOSE COUNTIES COLLECTING LESS THAN TWO MILLION DOLLARS UNTIL ALL COUNTIES ARE MADE WHOLE; TO AMEND SECTION 44-2-60, AS AMENDED, OF THE 1976 CODE, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT AND THE IMPOSITION OF CERTAIN ENVIRONMENTAL IMPACT FEES, SO AS TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE IS AUTHORIZED TO RETAIN AND EXPEND FOR ITS AUTHORIZED PURPOSES ONE PERCENT OF THESE ENVIRONMENTAL IMPACT FEES IT COLLECTS IN ANY FISCAL YEAR; TO AMEND SECTIONS 44-2-40, 44-2-90, AND 44-2-210, ALL AS AMENDED, OF THE 1976 CODE, RELATING TO THE APPLICABLE FEES USED TO FUND THE SUPERB ACCOUNT AND THE EARLY DETECTION INCENTIVE PROGRAM UNDER THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO DOUBLE THE PORTION OF THE TANK REGISTRATION FEE WHICH MAY BE USED FOR PROGRAM ADMINISTRATION AND THE ANNUAL TOTAL WHICH MAY BE EXPENDED ON ADMINISTRATION, TO PROVIDE THAT AFTER DECEMBER 31, 1998, THE TANK REGISTRATION FEE DECREASES TO FIFTY DOLLARS RATHER THAN TWENTY-FIVE DOLLARS, AND TO EXTEND THE EXPIRATION DATE OF THE GENERAL GRACE PERIOD OF THE EARLY DETECTION INCENTIVE PROGRAM TO DECEMBER 31, 1991; AND TO AMEND SECTION 12-54-140, RELATING TO THE REQUIREMENT THAT A CORPORATE TAXPAYER NOTIFY THE SOUTH CAROLINA TAX COMMISSION OF CHANGES IN CORPORATE TAXABLE INCOME MADE BY THE INTERNAL REVENUE SERVICE AND THE AUTHORITY OF THE COMMISSION TO ADJUST THE STATE TAX RETURN AND ISSUE A NOTICE OF ASSESSMENT, SO AS TO EXTEND THE REQUIREMENT TO ALL TAXPAYERS AND ALLOW THE COMMISSION ONE HUNDRED EIGHTY DAYS RATHER THAN NINETY DAYS AFTER RECEIPT OF NOTICE TO GIVE A NOTICE OF ASSESSMENT.

Ordered for consideration tomorrow.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bills and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:

H. 3936 -- Reps. Ross and T.C. Alexander: A BILL TO ALLOW THE SCHOOL DISTRICT OF OCONEE COUNTY TO RECEIVE BIDS ON MORE THAN ONE ISSUE OF GENERAL OBLIGATION BONDS AT A TIME AND TO AUTHORIZE THE DISTRICT TO REQUIRE BIDDERS TO SUBMIT PROPOSALS FOR ALL BONDS ISSUED AS THOUGH THE BONDS WERE OF A SINGLE ISSUE.

(By prior motion of Senator MACAULAY)

H. 3623 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WIC VENDOR REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1236, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3638 -- Reps. Wilkins, Clyborne, Hodges, Keesley, Burch, M. Martin, Cole, Hayes, Nettles, Waldrop, McTeer, Waites, Phillips, Beasley, Wright, Quinn, Townsend, T.C. Alexander, J. Brown and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3235 SO AS TO PROVIDE THAT JUVENILE CORRECTIONAL OFFICERS AND OTHER DESIGNATED EMPLOYEES OF THE SOUTH CAROLINA DEPARTMENT OF YOUTH SERVICES WHILE PERFORMING THEIR OFFICIALLY ASSIGNED DUTIES RELATING TO CUSTODY, CONTROL, TRANSPORTATION, OR RECAPTURE OF A JUVENILE OFFENDER HAVE THE STATUS OF PEACE OFFICERS FOR THESE LIMITED PURPOSES AND TO PROVIDE THAT EMPLOYEES OF THE DEPARTMENT OF YOUTH SERVICES' DIVISION OF PUBLIC SAFETY SHALL CONTINUE TO BE COMMISSIONED AS STATE CONSTABLES UPON PROPER TRAINING AND CERTIFICATION AND AFTER HAVING TAKEN THE PROPER OATH.

The following Bills and Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives:

S. 853 -- Senators Saleeby and J. Verne Smith: A BILL TO AMEND SECTION 44-56-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT AND ENFORCE THE FEDERAL HAZARDOUS WASTE CLEANUP LAW, SO AS TO INCLUDE SUBSEQUENT AMENDMENTS TO THE FEDERAL LAW WITHIN THE DEPARTMENT'S ENFORCEMENT AUTHORITY.

S. 916 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ARCHITECTURAL EXAMINERS, RELATING TO PRACTICE OF ARCHITECTURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1369, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 917 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTS, RELATING TO REGISTRATION, EXAMINATION, CERTIFICATE FEES, AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1365, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 703 -- Senators Lourie, Matthews and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 27 SO AS TO PROVIDE FOR THE SOUTH CAROLINA MANUFACTURED HOME PARK TENANCY ACT BY SETTING FORTH PURPOSES, SCOPE, JURISDICTION, DEFINITIONS, INTERPRETATION OF PRINCIPLES, NOTICE, RENTAL AGREEMENTS, OBLIGATIONS OF OWNERS AND RESIDENTS, GROUNDS FOR EVICTION, AND NOTIFICATION OF SALE OF PARK, CHANGE IN LAND USE, AND REZONING.

Senator POPE explained the Bill.

S. 926 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL STANDARDS, STANDARD NO. 8, TOXIC AIR POLLUTANTS (ADDITIONAL CHEMICALS), DESIGNATED AS REGULATION DOCUMENT NUMBER 1336, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 935 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-57-45 SO AS TO PROVIDE REQUIREMENTS FOR SOLICITATION MATERIAL BY INSURANCE AGENCIES, INSURERS, AND HEALTH MAINTENANCE ORGANIZATIONS.

(By prior motion of Senator WADDELL, with unanimous consent)

S. 940 -- Senator Washington: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF UNITED WE STAND IN CHRIST IN COLLETON COUNTY.

(By prior motion of Senator WASHINGTON, with unanimous consent)

S. 941 -- Senators Martschink and Giese: A BILL TO AMEND SECTION 43-33-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE BOARD OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO CHANGE THE COMPOSITION OF THE BOARD AND THE MANNER IN WHICH THEY ARE ELECTED.

(By prior motion of Senator MARTSCHINK, with unanimous consent)

The following Bills having been read the second time were passed and ordered to a third reading:

H. 3269 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, 12-36-2560, AND 12-36-2650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS.

H. 3274 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-260 SO AS TO PROVIDE FOR THE COLLECTION OF DELINQUENT STATE TAXES BY SETTING OFF DELINQUENT TAXES AGAINST AMOUNTS DUE THE TAXPAYER FOR PROVIDING GOODS AND SERVICES TO THE STATE, TO PROVIDE THAT THE SOUTH CAROLINA TAX COMMISSION SHALL PROVIDE APPROPRIATE INFORMATION TO THE COMPTROLLER GENERAL FOR THE PURPOSE OF MAKING SETOFFS, TO REQUIRE AMOUNTS SET OFF TO BE REMITTED TO THE COMMISSION, TO PROVIDE FOR WRITTEN NOTICES OF THE SETOFF TO THE TAXPAYERS, AND TO PROVIDE FOR REVIEW OF SETOFFS BY THE COMMISSION.

H. 3277 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-36-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "RETAIL SALE" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE THAT THE DEFINITION INCLUDES THE SALE OF FOOD PRODUCTS, OTHER THAN SOFT DRINKS IN CLOSED CONTAINERS, TO VENDERS WHO SELL THE PRODUCTS THROUGH VENDING MACHINES, AND TO PROVIDE THAT THESE VENDERS ARE DEEMED TO BE THE USERS OR CONSUMERS OF THE PRODUCTS; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT PORTIONS OF THE STANDARD INDUSTRIAL CLASSIFICATION MANUAL MUST BE USED AS AUTHORITY IN DETERMINING QUALIFICATIONS FOR THE EXEMPTION OF MACHINERY USED IN MANUFACTURING.

The following Bills having been read the second time were passed and ordered to a third reading:

H. 3855 -- Rep. Jaskwhich: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO POST SIGNS RESTRICTING TRUCK TRAFFIC ON STATE HIGHWAY SYSTEM ROAD S492 BETWEEN HAYWOOD ROAD, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 385 IN GREENVILLE COUNTY.

On motion of Senator STILWELL, H. 3855 was ordered to receive a third reading on Tuesday, April 30, 1991.

H. 3368 -- Reps. Fair, Sharpe, Rama, J. Bailey, Huff, Cork, Wells, Quinn, Harvin, Haskins, Jaskwhich, Holt, Wright, Neilson, Littlejohn, Fulmer, G. Bailey, Phillips, Gonzales, Vaughn, Burriss, H. Brown, Koon, M. Martin, McGinnis, McCain, Bruce and Marchbanks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-410 SO AS TO CREATE THE CRIME OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR FOR POSSESSION OF MATERIAL THAT CONTAINS A VISUAL REPRESENTATION OF A MINOR ENGAGED IN SEXUAL ACTIVITY AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-15-375 OF THE 1976 CODE, RELATING TO DEFINITIONS APPLICABLE TO SECTIONS 16-15-385 THROUGH 16-15-425, SO AS TO INCLUDE SECTION 16-15-410.

On motion of Senator DRUMMOND, H. 3368 was ordered to receive a third reading on Tuesday, April 30, 1991.

S. 237 -- Senator Martschink: A BILL TO AMEND SECTION 5-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL JURISDICTION OF COASTAL MUNICIPALITIES OVER PIERS AND OTHER STRUCTURES AND WATERS OF THE OCEAN WITHIN ONE MILE OF THE STRAND WITHIN THE CORPORATE LIMITS, SO AS TO PROVIDE THAT A COASTAL MUNICIPALITY HAS CRIMINAL JURISDICTION OVER THE WATERS OF THE OCEAN AND INLETS.

On motion of Senator MARTSCHINK, S. 237 was ordered to receive a third reading on Tuesday, April 30, 1991.

S. 274 -- Senator Mullinax: A BILL TO AMEND SECTION 43-5-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORK REGISTRATION REQUIREMENTS UNDER PUBLIC AID ASSISTANCE PROGRAMS, SO AS TO REVISE CERTAIN EXCEPTIONS TO THESE WORK REGISTRATION REQUIREMENTS; AND TO AMEND SECTION 43-5-550, RELATING TO A STATE PLAN FOR THE DESIGN, IMPLEMENTATION, AND OPERATION OF A WORK SUPPORT SERVICES DELIVERY SYSTEM, SO AS TO FURTHER PROVIDE FOR INDIVIDUAL EMPLOYABILITY PLANS WHICH MUST BE WRITTEN RESPONDING TO THE NEEDS OF EACH CLIENT.

S. 286 -- Senator Mullinax: A BILL TO AMEND SECTION 43-5-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A STATEWIDE PLAN ADMINISTERED BY THE DEPARTMENT OF SOCIAL SERVICES FOR THE DESIGN, IMPLEMENTATION, AND OPERATION OF A WORK SUPPORT SERVICES DELIVERY SYSTEM, SO AS TO FURTHER DEFINE REQUIRED SUPPORT SERVICES WHICH MUST BE PROVIDED WHEN PRESCRIBED IN THE INDIVIDUAL EMPLOYMENT PLAN OF A CLIENT.

H. 3449 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 40-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE TO REGULATE THE PRACTICE OF FUNERAL SERVICE AND TO REQUIRE CONTINUING EDUCATION FOR LICENSEES, SO AS TO EXEMPT FROM THE CONTINUING EDUCATION REQUIREMENT PERSONS LICENSED TWENTY OR MORE YEARS, TO DELETE SURPLUS LANGUAGE, AND TO EXEMPT ALL LICENSEES FROM THE CONTINUING EDUCATION REQUIREMENT UNTIL THE BOARD OFFERS CORRESPONDENCE CONTINUING EDUCATION COURSES.

H. 3548 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-45 SO AS TO PROVIDE THAT A MANUFACTURER'S TRAINING CERTIFICATE IS NOT REQUIRED BEFORE A FIRE EQUIPMENT PERMIT MAY BE ISSUED BY THE STATE FIRE MARSHAL.

S. 818 -- Senator Bryan: A BILL TO AMEND SECTION 1-11-350, CODE OF LAWS OF SOUTH CAROLINA,1976, RELATING TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO REQUIRE AUDITS OF THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND OTHER AGENCIES EVERY FIVE YEARS RATHER THAN EVERY THREE YEARS.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator BRYAN proposed the following amendment (N05\7523.BD), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __. The 1976 Code is amended by adding:

"Section 1-22-115. Legislatively required repetitive audits are exempt from the requirements of this chapter."/

Renumber sections to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 571 -- Senator Drummond: A BILL TO AMEND SECTION 12-27-1270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO PROVIDE FOR THE ACCOUNT TO BE REPLENISHED BASED ON FUNDS OBLIGATED OR COMMITTED BY THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT IN THE PREVIOUS YEAR, DELETE THE LIMITATION ON THE AMOUNT OF THE ACCOUNT, AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 13-3-20, RELATING TO THE OBJECTIVES OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE REFERENCE TO A STATEWIDE PLANNING PROGRAM; TO AMEND SECTION 13-3-90, RELATING TO THE DUTIES AND POWERS OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE PROVISION FOR A MASTER PLAN FOR AGENCIES TO CONSIDER CERTAIN STATE NEEDS AND DELETE THE REFERENCE TO A STATE PLANNING PROGRAM; TO AMEND SECTION 41-45-20, RELATING TO MEETINGS AND DUTIES OF THE COUNCIL, SO AS TO PROVIDE FOR AND DEFINE A STRATEGIC PLAN FOR ECONOMIC DEVELOPMENT AND REVISE DUTIES PERTAINING TO THE PLAN AND COORDINATION OF ACTIVITIES; TO AMEND SECTION 41-45-30, RELATING TO REPORTS BY THE COUNCIL, SO AS TO INCLUDE REPORTS TO THE CHAIRMEN OF THE SENATE FINANCE AND HOUSE WAYS AND MEANS COMMITTEES AND REQUIRE REPORTS ON THE ACCOUNT; TO AMEND SECTION 41-45-40, RELATING TO COUNCIL RECOMMENDATIONS, SO AS TO INCLUDE THE OBJECTIVES OF THE STRATEGIC PLAN, DELETE THE PROVISION FOR REFERRALS BY THE GENERAL ASSEMBLY AND STATE AGENCIES, AND REVISE THE RECOMMENDATIONS CONCERNING AGENCY REQUESTS FOR ECONOMIC DEVELOPMENT APPROPRIATIONS; TO AMEND SECTION 41-45-50, RELATING TO COUNCIL FUNDS, COMMITTEES, AND DATA, SO AS TO REVISE THE DUTIES OF THE COMMITTEES; AND TO REAUTHORIZE THE EXISTENCE OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FOR SIX YEARS.

On motion of Senator DRUMMOND, the Bill was carried over.

S. 380 -- Senators Bryan, Peeler, Hayes, Fielding and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 44 SO AS TO PROVIDE PROCEDURES FOR THE COMMITMENT OF CHILDREN IN NEED OF MENTAL HEALTH TREATMENT.

Senator NELL W. SMITH spoke on the Bill.

On motion of Senator POPE, the Bill was carried over.

H. 3270 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE LANGUAGE MAKING THE FISCAL YEAR A CALENDAR YEAR UNLESS ANOTHER YEAR IS ESTABLISHED; TO AMEND SECTION 12-9-390, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO DELETE THE PENALTY PROVISION; TO AMEND THE 1976 CODE BY ADDING SECTION 12-19-165 SO AS TO PROVIDE FOR THE PRORATION OF THE CORPORATE LICENSE FEE FOR RETURNS FOR FEWER THAN TWELVE MONTHS; TO AMEND SECTION 12-54-40, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO PLACE THE PENALTY FOR FAILURE TO WITHHOLD PROPERLY IN THE PROVISION OF THE 1976 CODE DEALING WITH PENALTIES; TO AMEND SECTION 12-54-140, RELATING TO THE REQUIREMENT THAT CORPORATE TAXPAYERS NOTIFY THE TAX COMMISSION OF CHANGES IN INCOME AS REPORTED TO THE INTERNAL REVENUE SERVICE, SO AS TO EXTEND THE REQUIREMENT TO ALL TAXPAYERS; TO AMEND SECTION 33-14-220, RELATING TO THE REQUIREMENTS FOR REINSTATEMENT OF CORPORATE CHARTERS, SO AS TO PROVIDE THAT THE TAX PENALTIES AND INTEREST MUST BE PAID BEFORE REINSTATEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-15-330 SO AS TO PROVIDE A PROCEDURE FOR THE REINSTATEMENT OF CERTIFICATES OF AUTHORITY FOR FOREIGN CORPORATIONS.

On motion of Senator WADDELL, the Bill was carried over.

H. 3628 -- Rep. Beasley: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR "MOPED" TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR AND TO PROVIDE PENALTIES; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE THAT THE PROVISIONS OF CHAPTER 5 OF TITLE 56 GOVERN THE OPERATION OF MOPEDS; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND PROVIDE PENALTIES FOR VIOLATIONS.

On motion of Senator DRUMMOND, the Bill was carried over.

S. 40 -- Senator Rose: A BILL TO AMEND TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-55 SO AS TO PROVIDE THAT THE STATE COMMISSIONER OF SOCIAL SERVICES IS EMPOWERED AND DIRECTED TO REDISTRIBUTE ANNUALLY EMPLOYEES ADMINISTERING MANDATED SERVICES AMONG THE COUNTIES ACCORDING TO THE RESPECTIVE COUNTY'S POPULATION AND CASE LOAD.

Senator ROSE asked unanimous consent to take the Bill up for immediate consideration.

Senator WILLIAMS objected.

H. 3059 -- Rep. Whipper: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 30, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO EXTRA COMPENSATION NOT PERMITTED BY THE GENERAL ASSEMBLY, SO AS TO ALLOW THE GENERAL ASSEMBLY TO ALLOW EXTRA COMPENSATION FOR SERVICE RENDERED DURING STATE EMERGENCIES, INCLUDING HAZARDOUS WEATHER.

Senator SHEALY objected to further consideration of the Joint Resolution.

On motion of Senator HOLLAND, with unanimous consent, the following information by the Subcommittee on Reapportionment and Redistricting was ordered printed in the Journal.

I. EQUAL POPULATION
Equality of population of legislative and congressional districts insofar as is practicable is the goal of reapportionment and redistricting.

A. Legislative districts will be drawn to achieve substantial equality of population among the various districts.

1. As a general proposition, deviations from the "ideal district" population should be justified either as a result of the limitations of census geography, or as a result of the promotion of a rational state policy.

2. In any case, the relative population deviation for any legislative district should not exceed plus or minus 2%.

3. Deviations from the "ideal district" population which would create any district(s) with a relative deviation outside plus or minus 2% or an overall deviation greater than 4% must be clearly justifiable as a result of the promotion of a rational state policy and compliance with the Voting Rights Act.

B. Congressional Districts.

The apportionment clause of Article I, Section 2, of the United States Constitution requires that the population of each congressional district to be as nearly equal in population as practicable to the other congressional districts within the State. Therefore, a congressional redistricting plan should produce districts which are mathematically equal in population or which produce the lowest overall range practicable.
II. VOTING RIGHTS ACT
A redistricting plan for the General Assembly or Congress should not have either the purpose or the effect of diluting minority voting strength and should otherwise comply with Sections 2 and 5 of the Voting Rights Act and the Fourteenth and Fifteenth Amendments to the U.S. Constitution.
III. CONTIGUITY
All legislative and congressional districts will be composed of contiguous geography. Contiguity by water is acceptable to link territory within a district provided that there is a reasonable opportunity to travel within the district and the linkage is designed to meet the other criteria stated herein.
IV. COMMUNITIES OF INTEREST
Where possible, legislative and congressional districts should attempt to preserve communities of interest where such efforts do not violate Criteria I and II.
V. CONSTITUENT CONSISTENCY
Efforts will be made to preserve cores of existing districts where such efforts are consistent with and do not violate Criteria I and II.
VI. PRECINCT BOUNDARY LINES
District boundaries should adhere to voting precinct boundary lines, as represented by the Census Bureau's Voting Tabulation District (VTD) Lines, in order to minimize voter confusion and cost of election administration. Pending precinct boundary line realignments should be considered.
VII. DATA
The total state population, and the population of the defined subunits thereof, as reported by the 1990 Federal Decennial Census and as may be adjusted by the Secretary of Commerce under Cuomo v. Baldridge, 674 F. Supp. 1089 (S.D. N.Y. 1987), shall be the exclusive permissible data base used for the development, evaluation, and analysis of proposed redistricting plans.
VIII. COMPACTNESS
All legislative and congressional districts should be reasonably compact. Irregular district shapes may be justified because the district line follows a significant geographic feature or political subdivision boundary or promotes Criteria I and II.

The Senate Judiciary Committee's Subcommittee on Reapportionment and Redistricting has from its appointment sought active compliance with the Federal Voting Rights Act and the Fourteenth and Fifteenth Amendments to the U.S. Constitution. In fact, the Subcommittee took the extraordinary step of meeting with Assistant Attorney General John Dunn and his staff in the Justice Department in October of 1990 so as to be briefed on many of the cutting edge issues involved in reapportionment so that the Subcommittee could be in a position to prepare fair legislative and congressional plans for reapportionment. With this in mind, the Subcommittee, in adopting criteria today, established as one of its principle goals:

(1) Through active compliance with the Voting Rights Act and Federal Constitutional requirements, the S.C. Senate should be able to reapportion itself and avoid the expense and inefficiency of having protracted litigation.

Fewer than 30% of those South Carolinians eligible to vote participated in the last general election. South Carolina continues to rank at the very bottom of all states in voter participation. A major reason for lack of voter participation is the confusion surrounding access to the ballot box. The South Carolina Election Commission estimates that it has handled six protests to elections centering on split precincts. As this Committee heard during the testimony of Mrs. Betty Moore, Election Director of Spartanburg County, at its April 10 hearing on criteria, many voters go to the ballot box in a precinct where as many as six different ballots will have been prepared. Very often they are frustrated by their inability to vote for the person they wish, and, in fact, for the candidate that may have knocked on their door seeking their vote. By keeping precincts in tact, the Subcommittee will meet its second goal of:

(2) While redistricting is an important part of the process of ensuring that South Carolina's electoral system is open to all, it is only a first step toward making the voting booth accessible to all. Care must also be given to drawing districts that will not confuse the voter.

Testimony was given at the April 10 hearing regarding a mathematical formula for compactness. However, several speakers made quite piercing comments that compactness is an illusory concept which does not concentrate on what should be the true aim in reapportionment--a plan which fairly apportions the citizenry and protects their access to the ballot box. A pretty plan may not be a fair plan.

(3) The "end all" "be all" of any reapportionment should be a fair plan--a plan which may miss the mark on an artificial formula on compactness but hits the bulls' eye on what Mr. John Roy Harper, General Counsel to the NAACP, testified to--[the] "aesthetics of compactness is desirable only to the extent that it aids or facilitates" a fair reapportionment plan.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE GENERAL APPROPRIATION BILL.

The Senate proceeded consideration of the Bill. The question being the adoption of the amendment, proposed by the Committee on Finance.

On motion of Senator WADDELL, with unanimous consent, staff members from the Budget and Control Board and the Senate Finance Committee were admitted to the floor of the Senate Chamber while debate was in progress on H. 3650, the General Appropriation Bill.

On motion of Senator WILSON, with unanimous consent, the Governor's staff was admitted to the Senate Chamber to the area behind the rail while debate was in progress on H. 3650, the General Appropriation Bill.

Senator WADDELL was recognized to speak on the Finance Committee Report.

Senator PASSAILAIGUE spoke on the Finance Committee Report.

Senator GIESE spoke on the Finance Committee Report.

Senator WADDELL spoke further on the Finance Committee Report.

On motion of Senator WADDELL, with unanimous consent, the Senate Finance Committee Report to H. 3650, the General Appropriation Bill, was adopted with the understanding that the adoption of the Senate Finance Committee Report would not prejudice the members' right to offer perfecting amendments based on the question of the degree of the amendment, and, that the Senate agreed to proceed to a consideration of the Senate Finance Committee Report, section by section.

Senator McCONNELL raised a Point of Order that Section 35 of Part II was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT took the matter under advisement.

Senator McCONNELL raised a Point of Order that Section 36 of Part II was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT took the matter under advisement.

Senator McCONNELL raised a Point of Order that Section 50 of Part II was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT took the matter under advisement.

The Finance Committee proposed the following Amendment No. 14 (FIN3650.17), which was adopted:

Amend the bill, as and if amended, Part I, Section 3A, Page 2, Lines 23 and 24 by:

STRIKING: 495,300 495,300

(18.00) (18.00)

INSERTING: 560,706 560,706

(20.00) (20.00)

Amend the bill further, as and if amended, Part I, Section 3A, Page 3, Lines 7 and 8 by:

STRIKING: 401,416 401,416

(10.00) (10.00)

INSERTING: 446,928 446,928

(11.00) (11.00)

Amend the bill further, as and if amended, Part I, Section 3A, Page 3, Line 24 by:

STRIKING: 1,004,338 1,004,338

( ) ( )

INSERTING: 1,090,771 1,090,771

( ) ( )

Amend the bill further, as and if amended, Part I, Section 3A, Page 3, Line 33 by:

STRIKING: 1,291,244 1,291,244

( ) ( )

INSERTING: 1,305,244 1,305,244

( ) ( )

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

The Finance Committee proposed the following Amendment No. 13 (FIN3650.016), which was adopted:

Amend the bill, as and if amended, Part I, Section 3J, Page 29, Lines 6 & 8 by:

STRIKING: 44,592 44,592

(1.00) (1.00)

Amend the bill further, as and if amended, Part I, Section 3J, Page 29, Lines 17 & 18 by:

STRIKING: 2,841 2,841

(1.00) (1.00)

Amend the bill further, as and if amended, Part I, Section 3J, Page 29, Line 21 by:

STRIKING: 4,735 4,735

( ) ( )

Amend the bill further, as and if amended, Part I, Section 3J, Page 29, Lines 32 & 34 by:

STRIKING: 111,413 111,413

(2.00) (2.00)

Amend the bill further, as and if amended, Part I, Section 3J, Page 30, Lines 17 & 19 by:

STRIKING: 47,770 47,770

(1.00) (1.00)

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

Senator BRYAN proposed the following Amendment No. 31 (7530.BD), which was adopted:

Amend the bill, as and if amended, Part I, Section 3, Page 35, beginning on line 26, by deleting paragraph 3.48.

Amend sections, totals and title to conform.

Senator BRYAN moved that the amendment be adopted.

The amendment was adopted.

The Finance Committee proposed the following Amendment No. 4 (FIN3650.002), which was adopted:

Amend the bill, as and if amended, Part I, Section 5B, Page 52, Line 10 by:

STRIKING: 48,289 48,289

( ) ( )

INSERTING: 4,757 4,757

( ) ( )

Amend the bill further, as and if amended, Part I, Section 5B, Page 52, Line 22 by:

STRIKING: 2,859,430 2,841,190

( ) ( )

INSERTING: 2,900,911 2,882,671

( ) ( )

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

The Finance Committee proposed the following Amendment No. 5 (FIN3650.001), which was adopted:

Amend the bill, as and if amended, Part I, Section 5, Page 58, Proviso , Line , column by:

(X) BY ADDING AN APPROPRIATELY NUMBERED PROVISO TO READ:

The State Law Enforcement Division is hereby authorized to charge and collect additional license and registration fees for private detective businesses, private security businesses, including employees of these businesses, and companies which provide private security on their own premises. The funds generated will be retained by the Division and used for the purpose of providing additional security in the Capitol Complex area.

Amend sections, totals and title to conform.

Senator LAND argued in favor of the adoption of the amendment.

The amendment was adopted.

Senators DRUMMOND and LAND proposed the following Amendment No. 26 (FIN3650.006), which was adopted:

Amend the bill, as and if amended, Part I, Section 5, Page 58, Proviso , Line , column by:

(X) BY ADDING AN APPROPRIATELY NUMBERED PROVISO TO READ:

The State Law Enforcement Division shall devise a method to disburse the proceeds recognized from confiscated goods as a result of the RAID team efforts, to be equitably distributed to those agencies participating in the RAID team. These proceeds cannot be used to replace agency appropriations.

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

The Finance Committee proposed the following Amendment No. 7 (FIN3650.003), which was adopted:

Amend the bill, as and if amended, Part I, Section 14H, Page 116, Line 17 by:

STRIKING: 84,529 84,529

( ) ( )

INSERTING: 128,061 128,061

( ) ( )

Amend the bill further, as and if amended, Part I, Section 14H, Page 118, Line 14 by:

STRIKING: 467,032 434,216

( ) ( )

INSERTING: 425,551 392,735

( ) ( )

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

The Finance Committee proposed the following Amendment No. 3 (FIN3650.004), which was adopted:

Amend the bill, as and if amended, Part I, Section 14I, Page 119, Line 35 by:

INSERTING:

(1.00) ( )

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senators POPE, LAND, McGILL, WASHINGTON, FIELDING, BRYAN, HOLLAND, GILBERT, NELL W. SMITH and GIESE proposed the following Amendment No. 32 (436\11685.DW), which was carried over pending a ruling on a Point of Order:

Amend the bill, as and if amended, Part I, Section 14Q (B & C - Employee Benefits), Page 0140, immediately after line 5 by inserting:
/One-time Employee bonus

18,310,000 18,310,000/

Amend the bill further, as and if amended, Part I, Section 14, Page 0151, by inserting an appropriately numbered paragraph at the end to read:

/14. (A) Notwithstanding the provisions of Section 12-7-437(A) of the 1976 Code, no deduction from the South Carolina taxable income of individuals, partnerships (including S corporations), estates, and trusts on net long-term capital gains is allowed for a taxable year beginning in 1991.

(B) The revenue derived from the elimination of the long-term capital gain deduction for 1991 as provided in subsection (A) of this section must be used as follows:

(1) From funds appropriated in this section for one-time employee bonuses, effective on the first pay day after November 30, 1991, each state employee who has been in continuous state service since June 2, 1991, is eligible to receive a one-time, lump-sum payment. Effective on the date of the lump-sum payment, employees must receive $469. This payment is not a part of the employee's base salary and is not earnable compensation for purposes of employer or employee contributions to the respective retirement systems. This appropriation may be used for payments to employees only in the same ratio as the employee's base salary is paid from appropriated sources. Legislative and judicial employees must receive the above one-time, lump-sum payment.

(2) The lump-sum payment to which a state employee, who was employed on June 1, 1991, and who died after June 1, 1991, but before December 1, 1991, would have been entitled under the provisions of item (1) above had he remained in continuous state service until December 1, 1991, must be paid to his estate if open, and to the residual heirs or beneficiaries of his estate if the estate has been closed. The payment required by this section must be made by the State Treasurer upon warrant of the Comptroller General from the state general fund in the manner the Budget and Control Board shall direct within thirty days after the estate, heirs, or beneficiaries notify the Division of Human Resource Management of the Budget and Control Board of the person or entity to whom the payment should be made. The division may require proof of proper inheritance as it considers necessary. Any decision of the division as to whom the proper heirs or beneficiaries are of a deceased state employee if his estate has been closed is final and not appealable in a court of competent jurisdiction./

Amend sections, totals and title to conform.

Senator POPE argued in favor of the adoption of the amendment.

Senator WADDELL raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina of Laws, 1976, as amended, which prohibits "any general tax increase ... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."

Senator POPE spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

Senator PASSAILAIGUE spoke on the Point of Order.

Senator WADDELL spoke on the Point of Order.

Senator MULLINAX spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

The Finance Committee proposed the following Amendment No. 21 (EDU3650.024), which was adopted:

Amend the bill, as and if amended, Part I, Section 28, Page 0355, Line 13 by:

STRIKING: 235,154,045 235,154,045

( ) ( )

INSERTING: 232,351,090 232,351,090

( ) ( )

Amend the bill further, as and if amended, Part I, Section 28, Page 0355, Line 14 by:

STRIKING: 837,337,998 837,337,998

( ) ( )

INSERTING: 840,140,953 840,140,953

( ) ( )

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

The Finance Committee proposed the following Amendment No. 22 (EDU3650.028), which was adopted:

Amend the bill, as and if amended, Part I, Section 28, Page 0357, Line 1 by:

STRIKING: 68,508,693

( ) ( )

INSERTING: 68,408,693

( ) ( )

Amend the bill further, as and if amended, Part I, Section 28, Page 0364, Line 14 by:

STRIKING: 200,000

( ) ( )

INSERTING: 300,000

( ) ( )

Amend the bill further, as and if amended, Part I, Section 28, Page 0388:

(X) BY ADDING AN APPROPRIATELY NUMBERED PROVISO.

/For the current school year, of the funds appropriated under Section 28, X. G. Alloc EIA-Impaired Districts, $200,000 shall be allocated to Lexington School District Four which has become fiscally impaired due to a reduction of approximately forty percent in its tax base during the past fiscal year. These funds can only be used to support the operating budget of the district. It is the intent of the General Assembly that this is an emergency allocation which will not equal the total loss in the local tax revenues caused by the drastic reduction in the district's tax base. By March 1 of the current fiscal year, the Board of Trustees of Lexington School District Four must report to the EIA Select Committee on the expenditure of these funds and on the progress made by the district in becoming fiscally unimpaired./

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 23 (EDU3650.030), which was adopted:

Amend the bill, as and if amended, Part I, Section 28:

(X) BY ADDING AN APPROPRIATELY NUMBERED PROVISO.

/Up to $9,000 in EIA funds appropriated to the USC School Council Assistance Project may be carried forward from the prior fiscal year to the current fiscal year and expended for the same purposes as originally authorized./

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator STILWELL proposed the following Amendment No. 24 (EDU3650.025), which was adopted:

Amend the bill, as and if amended, Part I, Section 28 by:

(X) BY ADDING AN APPROPRIATELY NUMBERED PROVISO.

/Funds appropriated under Section 28, X. A. EIA-Advanced Placement may be used to defray the testing costs of the International Baccalaureate Program which are incurred by school districts at the same per-test reimbursement rate provided for Advanced Placement examinations./

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senators SETZLER and WADDELL proposed the following Amendment No. 20 (EDU3650.031), which was adopted:

Amend the bill, as and if amended, Part I, Section 36, Page 0420, Proviso 36.3 by:

(X) STRIKING AND INSERTING THE FOLLOWING:

/The commission is allowed to apply a 15% indirect cost rate for continuing federal grants for which they must compete. The commission shall apply the full approved negotiated rate to the basic state grant and any new grants received by the commission./

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

The Finance Committee proposed the following Amendment No. 8 (FIN3650.007), which was adopted:

Amend the bill, as and if amended, Part I, Section 39, Page 445, Line 31 by:

STRIKING: 1,263,703

( ) ( )

INSERTING: 1,490,108

( ) ( )

Amend the bill further, as and if amended, Part I, Section 39, Page 445, Line 38 by:

STRIKING: 743,366

( ) ( )

INSERTING: 437,366

( ) ( )

Amend the bill further, as and if amended, Part I, Section 39, Page 445, Line 39 by:

STRIKING: 137,481

( ) ( )

INSERTING: 109,481

( ) ( )

Amend the bill further, as and if amended, Part I, Section 39, Page 446, Line 01 by:

STRIKING: 130,620

( ) ( )

INSERTING: 41,620

( ) ( )

Amend the bill further, as and if amended, Part I, Section 39, Page 446, Line 02 by:

STRIKING: 87,068

( ) ( )

INSERTING: 42,568

( ) ( )

Amend the bill further, as and if amended, Part I, Section 39, Page 446, Line 03 by:

STRIKING: 304,542

( ) ( )

INSERTING: 121,042

( ) ( )

Amend the bill further, as and if amended, Part I, Section 39, Page 446, Line 04 by:

STRIKING: 28,000

( ) ( )

INSERTING: 3,000

( ) ( )

Amend the bill further, as and if amended, Part I, Section 39, Page 446, Line 16 by:

STRIKING: 76,981

( ) ( )

INSERTING: 122,259

( ) ( )

Amend the bill further, as and if amended, Part I, Section 39, Page 446, after Line 17 by:

INSERTING: /New Position

Public Health Analyst III/

24,035

(1.00) ( )

Amend the bill further, as and if amended, Part I, Section 39, Page 446, Line 24 by:

STRIKING: 300

( ) ( )

INSERTING: 6,300

( ) ( )

Amend the bill further, as and if amended, Part I, Section 39, Page 446, Line 25 by:

STRIKING: 3,810

( ) ( )

INSERTING: 48,810

( ) ( )

Amend the bill further, as and if amended, Part I, Section 39, Page 446, after Line 25 by:

INSERTING: /Equipment/

64,000

( ) ( )

Amend the bill further, as and if amended, Part I, Section 39, Page 454, Line 15 by:

STRIKING: 28,856,711

( ) ( )

INSERTING: 28,959,993

( ) ( )

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

Senator J. VERNE SMITH proposed the following Amendment No. 25 (FIN3650.012), which was adopted:

Amend the bill, as and if amended, Part I, Section 39, Page 458, Proviso 39.28, Line 37, right column by:

(X) ADDING THE FOLLOWING:

/This number does not include Medicaid patient days provided by the Department of Mental Health or the Department of Mental Retardation. The maximum number of Medicaid patient days for which the department is authorized to issue a Medicaid nursing home permit to the Department of Mental Health is 287,268. The maximum number of Medicaid patient days for which the department is authorized to issue a Medicaid nursing home permit to the Department of Mental Retardation is 1,174,720./

Amend Sections, Totals And Title to Conform.

Senator J. VERNE SMITH explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

On motion of Senator WADDELL, debate was interrupted by recess.

On motion of Senator HAYES, Senator HELMLY was granted a leave of absence for the week.

Senator NELL W. SMITH requested and was granted a leave of absence from 3:00 P.M. today until Tuesday.

Senator GILBERT requested and was granted a leave of absence from 1:00-5:00 P.M. today.

At 1:00 P.M., on motion of Senator WADDELL, the Senate receded from business until 2:00 P.M.

The Senate reassembled at 2:07 P.M. and was called to order by the PRESIDENT.

S. 265 -- Senator Mullinax: A BILL TO AMEND SECTION 12-37-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VALUATION OF PROPERTY FOR TAXATION AND THE DEPRECIATION ALLOWANCES FOR A MANUFACTURER'S MACHINERY AND EQUIPMENT, SO AS TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH AN ADJUSTMENT MAY BE MADE IN THE ALLOWANCE IN THE YEAR OF ACQUISITION.

On motion of Senator DRUMMOND, with unanimous consent, the Bill was recalled from the Committee on Finance.

There being no further amendments, the Bill was read the second time.

On motion of Senator DRUMMOND, S. 265 was ordered to receive a third reading on Tuesday, April 30, 1991.

The following was introduced:

S. 943 -- Senators Courson, Patterson, Lourie, Giese, Setzler, Wilson and Shealy: A CONCURRENT RESOLUTION TO HONOR THE UNITED STATES MARINE CORPS RESERVES OF DELTA COMPANY, 8TH BATTALION WHO LED THE FIRST ATTACK AGAINST THE IRAQI AGGRESSORS AND VALIANTLY CRUSHED AND OVERWHELMED THE HEAVILY ENTRENCHED OPPOSING FORCES DURING OPERATION DESERT STORM.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

Senator HOLLAND, from the General Committee, submitted a favorable report on:

Reappointment, Member, S.C. Arts Commission, with term to expire June 30, 1994:

Mrs. Betsy S. Terry, 277 Batson-Pate Drive, Easley, South Carolina 29640

Senator HOLLAND, from the General Committee, submitted a favorable report on:

Reappointment, Member, South Carolina Arts Commission, with term to expire June 30, 1994:

Mrs. Jean S. Jones, 1640 Mt. Lebanon Road, Campobello, S.C. 29322

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

Reappointment, Member, South Carolina Real Estate Commission, At-Large, with term to commence July 1, 1991, and to expire June 30, 1994:

Mr. Gerald S. Tompkins, Jr., 425 McIver Street, Greenville, S.C. 29601

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

Appointment, Member, State Development Board, with term to expire May 21, 1996:

10th Judicial Circuit:

Mr. E. Blair Rice, Jr., Blair Mills, Post Office Box 97, Belton, S.C. 29627 VICE T.R. Evatt

S. 789 -- Senator Bryan: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS GRANTED TO COUNTIES, SO AS TO REVISE AND REAUTHORIZE THE METHOD BY WHICH A SPECIAL TAX DISTRICT IS CREATED.

Senator BRYAN asked unanimous consent, to make a motion to take the Bill up for immediate consideration.

Senator McCONNELL objected and asked to carry the Bill over.

The Senate resumed consideration of the Bill. The question being the second reading of the Bill.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Section 35 of Part II was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Section 36 of Part II was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Section 50 of Part II was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator WADDELL that Amendment No. 32 was out of order inasmuch as it was violative of Section 11-11-440 of the S.C. Code of Laws, 1976, as amended.

The PRESIDENT overruled the Point of Order and stated that Section 11-11-440 applies exclusively to tax increases proposed to the permanent provisions of the Appropriation Act.

Senator McCONNELL raised a Point of Order that Amendment No. 32 was out of order inasmuch as it was violative of Section 12-7-437 of the S.C. Code of Laws, 1976, as amended.

The PRESIDENT took the Point of Order under advisement.

The Finance Committee proposed the following Amendment No. 9 (FIN3650.011), which was adopted:

Amend the bill, as and if amended, Part I, Section 52, Page 521, after Line 36 by:

INSERTING:
/New Positions

Admin Spec B 8,927

(1.00) ( )

Admin Asst II 18,153

(2.00) ( )

Chief Corr. Officer II 8,207

(1.00) ( )

Corr. Officer Asst. Superv. 25,926

(6.00) ( )

Corr. Officer Superv. II 29,168

(6.00) ( )

Correctional Officer II 311,122

(88.00) ( )

Deputy Warden III 51,219

(4.00) ( )

Personnel Asst. 11,475

(1.00) ( )

Personnel Spec I 29,696

(3.00) ( )

Staff Dev & Training Spec III 11,781

(1.00) ( )

Trade Supervisor II 39,073

(3.00) ( )

Warden IV/ 31,438

(2.00) ( )

Amend the bill further, as and if amended, Part I, Section 52, Page 522, Line 7 by:

STRIKING: 12,076,205

( ) ( )

INSERTING: 12,109,566

( ) ( )

Amend the bill further, as and if amended, Part I, Section 52, Page 522, Line 8 by:

STRIKING: 21,149,554

( ) ( )

INSERTING: 21,194,554

( ) ( )

Amend the bill further, as and if amended, Part I, Section 52, Page 522, Line 9 by:

STRIKING: 1,139,100

( ) ( )

INSERTING: 1,147,100

( ) ( )

Amend the bill further, as and if amended, Part I, Section 52, Page 522, Line 10 by:

STRIKING: 185,717

( ) ( )

INSERTING: 209,717

( ) ( )

Amend the bill further, as and if amended, Part I, Section 52, Page 522, Line 11 by:

STRIKING: 1,112,067

( ) ( )

INSERTING: 1,247,067

( ) ( )

Amend the bill further, as and if amended, Part I, Section 52, Page 522, Line 15 by:

STRIKING: 7,923,749

( ) ( )

INSERTING: 7,929,349

( ) ( )

Amend the bill further, as and if amended, Part I, Section 52, Page 525, Line 23 by:

STRIKING: 38,226,266

( ) ( )

INSERTING: 38,399,120

( ) ( )

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

The Finance Committee proposed the following Amendment No. 16 (FIN3650.013), which was adopted:

Amend the bill, as and if amended, Part I, Section 73, Page 616, after Line 4 by:
INSERTING: /New Position
Accounting Technician I/ 16,510 16,510

(1.00) (1.00)
Amend the bill further, as and if amended, Part I, Section 73, Page 618, Line 32 by:
STRIKING: 1,104,686 1,104,686

( ) ( )
INSERTING: 1,109,136 1,109,136

( ) ( )

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

The Finance Committee proposed the following Amendment No. 18 (FIN3650.018), which was adopted:

Amend the bill, as and if amended, Part I, Section 75, Page 625, Lines 8 & 9 by:

INSERTING: 18,261

(1.00) ( )

Amend the bill further, as and if amended, Part I, Section 75, Page 625, Lines 10 & 11 by:

INSERTING: 15,010

(1.00) ( )

Amend the bill further, as and if amended, Part I, Section 75, Page 625, Lines 12 & 13 by:

INSERTING: 19,752

(1.00) ( )

Amend the bill further, as and if amended, Part I, Section 75, Page 625, Lines 37 & 38 by:

INSERTING: 19,752

(1.00) ( )

Amend the bill further, as and if amended, Part I, Section 75, Page 625, Lines 39 & 40 by:

INSERTING: 21,364

(1.00) ( )

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

The Finance Committee proposed the following Amendment No. 17 (FIN3650.019), which was adopted:

Amend the bill, as and if amended, Part I, Section 77, Page 630, Lines 8 & 9 by:

INSERTING: 24,035

(1.00) ( )

Amend the bill further, as and if amended, Part I, Section 77, Page 630, Lines 10 & 11 by:

INSERTING: 12,830

(1.00) ( )

Amend the bill further, as and if amended, Part I, Section 77, Page 630, Lines 12 & 13 by:

INSERTING: 16,234

(1.00) ( )

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senator LAND proposed the following Amendment No. 39 (RES3650.016), which was adopted:

Amend the bill, as and if amended, Part I, Section 95, Page 676, Line 17 by:

STRIKING: 16,000 16,000

( ) ( )

INSERTING: 22,000 22,000

( ) ( )

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

The Finance Committee proposed the following Amendment No. 1 (FIN3650.010), which was adopted:

Amend the bill, as and if amended, Part I, Section 124, Page 0726, Proviso 124.20, Line 11, left column by:

(X) STRIKING "without"

AND INSERTING THE FOLLOWING: "with"

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

Senator McCONNELL proposed the following Amendment No. 44 (RES3650.014), which was tabled:

Amend the bill, as and if amended, Part I, Section 14D, Page 92, Lines 10 & 11 by:

STRIKING: 35,580 35,580

(1.00) (1.00)

Amend the bill further, as and if amended, Part I, Section 14D, Page 92, Lines 12 & 13 by:

STRIKING: 22,219 22,219

(1.00) (1.00)

Amend sections, totals and title to conform.

Senator McCONNELL explained the amendment.

Senator WADDELL argued contra to the adoption of the amendment.

Senator WADDELL moved to lay the amendment on the table.

The amendment was laid on the table.

Senators McCONNELL, PASSAILAIGUE, and O'DELL desired to be recorded as voting against the motion to table the amendment.

On motion of Senator WILSON, Senator GIESE was granted a leave of absence beginning at 2:30 P.M. for the remainder of the day and all day Tuesday, April 30, 1991.

Senators GIESE, J. VERNE SMITH, SHEALY, and GILBERT proposed the following Amendment No. 40 (RES3650.017), which was adopted:

Amend the bill, as and if amended, Part I, Section 40, Page 467, Proviso 40.3, Line 22, right column by:

(X) ADDING THE FOLLOWING after the word /Care/:

/, $40,000 for the Alliance for the Mentally Ill,/

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

Senator BRYAN moved to lay the amendment on the table.

The Senate refused to table the amendment. The question then was the adoption of the amendment.

The amendment was adopted.

Senators GIESE, J. VERNE SMITH, MACAULAY, SHEALY, GILBERT, BRYAN, PEELER, and FIELDING proposed the following Amendment No. 41 (RES3650.015), which was adopted:

Amend the bill, as and if amended, Part I, Section 40, Page 467, Proviso 40.3, Line 22, right column by:

(X) ADDING THE FOLLOWING after the word /Care/:

/, $146,000 for S.C. Share - Self Help Association Regarding Emotions,/

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

Senator BRYAN proposed the following Amendment No. 36 (9429.BD), which was adopted:

Amend the bill, as and if amended, Part I, Section 40, Page 467, Paragraph 40.3 by:

(X) ADDING AT THE END OF THE PARAGRAPH:

/The South Carolina Alliance for the Mentally Ill shall provide an itemized budget before the receipt of funds and quarterly financial statements to the Legislative Governor's Committee on Mental Health and Mental Retardation./

Amend sections, totals and title to conform.

Senator BRYAN explained the amendment.

Senator BRYAN moved that the amendment be adopted.

The amendment was adopted.

Senator BRYAN proposed the following Amendment No. 37 (9428.BD), which was adopted:

Amend the bill, as and if amended, Part I, Section 40, Page 467, Paragraph 40.3 by:

(X) ADDING AT THE END OF THE PARAGRAPH:

/The South Carolina Self-Help Association Regarding Emotions shall provide an itemized budget before the receipt of funds and quarterly financial statements to the Legislative Governor's Committee on Mental Health and Mental Retardation./

Amend sections, totals and title to conform.

Senator BRYAN explained the amendment.

Senator BRYAN moved that the amendment be adopted.

The amendment was adopted.

Senator J. VERNE SMITH proposed the following Amendment No. 42 (RES3650.025), which was adopted:

Amend the bill, as and if amended, Part I, Section 43, Page 495, Proviso 43.7, Lines 33 & 34, left column by:

(X) STRIKING /during the period of the current fiscal year./

(X) AND INSERTING THE FOLLOWING:

/through December 31, 1991. Effective January 1, 1992, the personal needs allowance shall be increased to $32.50 per month./

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 52 (EDU3650.020), which was adopted:

Amend the bill, as and if amended, Part I, Section 28, Page 0388, Proviso 28.144, Line 36, left column by:

(X) STRIKING AND INSERTING THE FOLLOWING:

/28.144. "The Early Intervention Programs for Preschool-Age Handicapped Children Act," Act 322 of 1990 shall be reauthorized through Fiscal Year 1991-92 to meet the provisions of Public Law 99-457 and to that end, the boards of trustees in each school district shall make available special education and related services to all preschool-age handicapped children whose parents or guardians request these services. Funding for the programs provided for the three and four-year-old handicapped children served under this act shall be distributed based on the district's index of tax-paying ability as defined in Section 59-20-20(3) and the service model chosen for each child. The average amount per child served in the speech model shall be $125 and the average amount per child served in the three other service models shall be $900 to the extent possible with the funds appropriated under VII. Direct Aid School Districts, P.L. 99-457. For the purposes of this proviso, the four models of service are those proposed by the Office of Programs for the Handicapped of the Department of Education for implementation of P.L. 99-457, speech, self-contained, itinerant, and homebased instruction. Five-year-old handicapped children shall continue to be funded under the Education Finance Act of 1977. For the purposes of ascertaining costs, service to all five-year-olds with handicapping conditions funded under the Education Finance Act shall be classified according to the four service models. Of the funds appropriated herein for P.L. 99-457, $50,000 shall be transferred to the Joint Committee on Children for continued planning and development of the preschool handicapped services as established under P.L. 99-457. Any funds not expended by the joint committee by March 1 shall be used for programs serving handicapped three- and four-year-olds./

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 53 (EDU3650.021), which was adopted:

Amend the bill, as and if amended, Part I, Section 28, Page 0389, Proviso 28.142, Line 4, left column by:

(X) ADDING THE FOLLOWING after the words /1991-92 school year./:

/Schools participating in the project shall be considered to have met all criteria related to programs provided for under Sections 59-5-65, 59-18-10, 59-18-11, 59-18-15, 59-18-30, and 59-21-800 (campus model)./

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator McCONNELL proposed the following Amendment No. 49 (RES3650.022), which was adopted:

Amend the bill, as and if amended, Part I, Section 3, Page 32, Proviso 3.16, by:

(X) DELETING THE PROVISO IN ITS ENTIRETY.

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

Senator COURSON proposed the following Amendment No. 51 (RES3650.021), which was adopted:

Amend the bill, as and if amended, Part I, Section 7, Page 62, by:

(X) BY ADDING AN APPROPRIATELY NUMBERED PROVISO TO READ:

/ . The Secretary of State is authorized to develop its budget in a program format and to realign its Fiscal Year 1991-1992 appropriations into the revised program format during the first quarter of the fiscal year./

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

On motion of Senator WADDELL, with unanimous consent, Part I of H. 3650, the General Appropriation Bill was closed to any new amendments; and further, the Senate agreed to carry over to third reading all pending amendments with the exception of Amendments No. 29, 30, and 32.

The Senate proceeded to a consideration of Part II of the General Appropriation Bill.

Senator PASSAILAIGUE proposed the following Amendment No. 38 (5667.HC), which was tabled:

Amend the bill, as and if amended, Part II, Section 6, Page 755, by:

(X) STRIKING SECTION 6 AND INSERTING:

TO AMEND SECTIONS 12-7-210, AS AMENDED, AND 12-7-215 OF THE 1976 CODE, RELATING TO THE IMPOSITION OF THE STATE INDIVIDUAL INCOME TAX AND THE ANNUAL INFLATION ADJUSTMENT OF INDIVIDUAL INCOME TAX BRACKETS, SO AS TO WIDEN THE SIX PERCENT BRACKET AND CONFORM THE INFLATION ADJUSTMENT TO THE REVISED TAX RATES, AND TO REPEAL SECTION 12-7-437, RELATING TO THE DEDUCTION ALLOWED FOR A PORTION OF LONG TERM CAPITAL GAINS.

A. Section 12-7-210(C) of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:

"(C) For a taxable year beginning in 1991, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts computed at the following rates:

Not over $2,070 2.5 percent of taxable income

over $2,070 but $52 plus 3 percent

not over $4,140 the excess over $2,070

over $4,140 but $114 plus 4 percent

not over $6,210 of the excess over $4,140

over $6,210 but $197 plus 5 percent of

not over $8,280 the excess over $8,280

over $8,280 but $301 plus 6 percent of

not over $20,000 the excess over $8,280

over $20,000 $1,004 plus 7 percent of

the excess over $20,000

The commission may prescribe tax tables consistent with the rates set pursuant to this subsection for taxpayers with taxable incomes of less than one hundred thousand dollars.

(D) For taxable years beginning after 1991, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts computed at the following rates:

Not over $2,070 2.5 percent of taxable

income

over $2,070 but not $52 plus 3 percent of

over $4,140 the excess over $2,070

over $4,140 but not $114 plus 4 percent of the

over $6,210 excess over $4,140

over $6,210 but not $197 plus 5 percent of

over $8,280 the excess over $8,280

over $8,280 but not $301 plus 6 percent

over $25,000 of the excess over $8,280

over $25,000 $1,304 plus 7 percent of the

excess over $25,000.

The commission may prescribe tax tables consistent with the rates set pursuant to this subsection for taxpayers with taxable incomes of less than one hundred thousand dollars."

B. Section 12-7-215 of the 1976 Code, as added by Act 189 of 1989, is amended to read:

"Section 12-7-215. On December 15, 1992, and on each succeeding year on that date, the commission shall cumulatively adjust the brackets in Section 12-7-210(D) in the same manner that brackets are adjusted as provided in Internal Revenue Code Section (1)(f) but the adjustment is limited to one-half of the adjustment as determined by that section and in no case may exceed four percent. The brackets, as adjusted, apply in lieu of those provided in Section 12-7-210(D) for taxable years beginning in the succeeding calendar year."

C. Section 12-7-437 of the 1976 Code is repealed./

Amend sections, totals and title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator WADDELL argued contra.

Senator WADDELL moved to lay the amendment on the table.

The amendment was laid on the table.

Senators WADDELL and SETZLER proposed the following Amendment No. 15 (FIN3650.020), which was adopted:

Amend the bill, as and if amended, Part II, Section 20, Page 0759, Lines 11-37, right column by:

(X) DELETING IN ITS ENTIRETY.

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

The Finance Committee proposed the following Amendment No. 2 (FIN3650.015), which was adopted:

Amend the bill, as and if amended, Part II, Section 23, Page 762, Proviso , Line 06, left column by:

(X) STRIKING: /rocking/

AND INSERTING THE FOLLOWING: /local paving/

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

The Finance Committee proposed the following Amendment No. 10 (FIN3650.005), which was adopted:

Amend the bill, as and if amended, Part II, Section 39, Page 766, Proviso , Line , right column by:

(X) DELETING THE PROVISO IN ITS ENTIRETY.

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

The Finance Committee proposed the following Amendment No. 57 (3384.HTC), which was adopted:

Amend the bill, as and if amended, Part II, Section 41, Page 768, Proviso , Line 8, right column by:

(X) STRIKING Subsection B AND INSERTING:
/B. Of the funds generated in Fiscal Year 1991-92 from the increases in the fees resulting from the amendment to Section 24-23-210 of the 1976 Code in Subsection A of this section, the Department of Corrections shall receive one million dollars. The department shall receive these funds as needed.

C. This section takes effect July 1, 1991./

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senator McCONNELL proposed the following Amendment No. 43 (RES3650.020), which was tabled:

Amend the bill, as and if amended, Part II, Section 53, Page 772, by:

(X) DELETING THE SECTION IN ITS ENTIRETY.

Amend sections, totals and title to conform.

Senator McCONNELL argued in favor of the adoption of the amendment and Senator LAND argued contra.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

Senators PASSAILAIGUE and MACAULAY proposed the following Amendment No. 60 (res3650.201), which was adopted:

Amend the bill, as and if amended, Part II, Section 6, Page 0755, Line 28:

(X) DELETING SECTION 6 IN ITS ENTIRETY AND.

(X) INSERTING THE FOLLOWING:

TO AMEND SECTION 27, PART II, ACT 658 OF 1988, AS AMENDED, RELATING TO THE SPECIAL TREATMENT FOR LONG-TERM CAPITAL GAINS RECOGNIZED BETWEEN JANUARY 1, 1987, AND JUNE 22, 1987, AND THE STATE INCOME TAX REFUNDS OR CREDITS ALLOWED AS A RESULT OF THE SPECIAL TREATMENT, SO AS TO REDUCE THE AMOUNT OF THE REFUND OR CREDIT ALLOWED BY ONE-HALF; AND TO REQUIRE THE SOUTH CAROLINA TAX COMMISSION TO DRAFT AND USE A FORM, TO BE FILED BY CERTAIN TAXPAYERS, THAT WOULD DISCLOSE CERTAIN INFORMATION BY TAXPAYERS WHO CLAIMED OR WILL CLAIM A TAX REFUND AS A RESULT OF THE TREATMENT OF CAPITAL GAINS RECOGNITION BY SECTION 12-7-460.

A. Section 27B, Part II, Act 658 of 1988, as amended by Act 189 of 1989, is further amended to read:

"B. One-half of the difference between the tax paid on the taxpayer's return attributable to this long-term capital gain and the tax attributable to this gain which would have been paid under the provisions of this section is refundable to the taxpayer when refunds are paid for the 1990 taxable year. The South Carolina Tax Commission may allow a portion or all of a refund due to be used as a credit against the taxpayer's liability for that year."

B. Effective for the tax years 1990 and 1991, the South Carolina Tax Commission is directed to develop a disclosure form to be completed, signed, and filed by any taxpayer who claims a refund or is granted a credit under the provisions of Section 12-7-460.

The form must contain references specific to Section 27, Part II, Act 658 of 1988 and Section 42, Part II, Act 189 of 1989 wherein there must be disclosures by a taxpayer, filing pursuant to Section 12-7-460, of whether the taxpayer contacted a member of the General Assembly, the Governor, Lieutenant Governor, or their respective staffs concerning a change in tax treatment of capital gains before, during, or after passage of this legislation. On the form prepared by the Tax Commission, the taxpayer must indicate who was contacted, the nature of the contact, the name and address of anyone who was retained with or without compensation to lobby for the legislation on behalf of the taxpayer or retaining party, and whether the taxpayer is or was a member of a group or organization which either directly or indirectly contacted a member of the General Assembly, the Governor, the Lieutenant Governor, or their respective staffs concerning a change in the capital gains treatment.

The disclosure form must be returned to the Tax Commission with the tax return claiming the refund, or if the refund has already been credited or applied for, the disclosure form must be submitted to the commission within a reasonable time after receipt, as determined by the commission.

If a complete disclosure form is not filed, the taxpayer must not receive the tax refund and the refund amount must escheat to the State.

If a taxpayer knowingly signs a false or misleading disclosure form, the taxpayer is guilty of a felony and must be punished as provided for perjury, and the amount of the refund must be returned to the State.

If any person is convicted of a state or federal felony in connection with the passage of this legislation, then the refund must escheat to the State in full.

C. A copy of all forms received by the Tax Commission pursuant to this act must be forwarded to the Secretary of State's Office to assist in the enforcement of Chapter 17, Title 2, relating to the regulation of lobbyists./

Amend sections, totals and title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment.

Senator WADDELL spoke on the amendment.

Senator PASSAILAIGUE moved that the amendment be adopted.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Courson Drummond
Hinson Holland Leatherman
Leventis Lourie Macaulay
Martschink McConnell McGill
Mitchell Moore Mullinax
Passailaigue Patterson Peeler
Pope Reese Rose
Russell Saleeby Setzler
Shealy Smith, J.V. Waddell
Williams Wilson

Land Stilwell

The amendment was adopted.

Senator WADDELL proposed the following Amendment No. 12 (5659.HC), which was adopted:

Amend the bill, as and if amended, Part II, Permanent Provisions,

(X) BY ADDING AN APPROPRIATELY NUMBERED NEW SECTION TO READ:

TO EXTEND THE TIME UNDER WHICH TAXPAYERS QUALIFYING FOR FEE-IN-LIEU OF TAXES PAYMENTS PURSUANT TO SECTION 4-29-67 OF THE 1976 CODE HAVE TO TRANSFER TITLE OF THE PROPERTY TO THE APPROPRIATE POLITICAL SUBDIVISION.

A taxpayer which has otherwise qualified for fee-in-lieu of taxes payments under Section 4-29-67 of the 1976 Code has until July 1, 1991, to transfer title of the property to the appropriate political subdivision for tax years 1989, 1990, and 1991./

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

Senator SETZLER proposed the following Amendment No. 19 (EDU3650.032), which was adopted:

Amend the bill, as and if amended, Part II by:

(X) BY ADDING AN APPROPRIATELY NUMBERED SECTION TO READ.

TO AMEND SECTION 8-11-46, AS AMENDED, OF THE 1976 CODE, RELATING TO THE TRANSFER OF SICK LEAVE, SO AS TO RESTORE UP TO SIXTY DAYS OF SICK LEAVE FOR ANY EMPLOYEE OF A SCHOOL DISTRICT TRANSFERRING TO A STATE AGENCY OR ANY EMPLOYEE OF A STATE AGENCY TRANSFERRING TO A SCHOOL DISTRICT AFTER JUNE 28, 1984.

Section 8-11-46 of the 1976 Code is further amended to read:

"Section 8-11-46. An employee of a state agency transferring to a school district of this State or a school district employee transferring to a state agency is permitted to transfer to and retain at his new employer all sick leave he accumulated at his former employer regardless of his employment status at the new employer. An amount of sick leave not to exceed sixty days lost by a school district employee as a result of changing employment from the school district to a state agency or by a state employee as a result of changing employment from a state agency to a school district is restored if the employee was employed by the school district or the state agency after June 28, 1984, and is employed on June 30, 1991."/

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

The Finance Committee proposed the following Amendment No. 28 (5670.HC), which was adopted:

Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:

TO REPEAL CHAPTERS 21, 41, AND 45, TITLE 2 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF THE AGRICULTURE STUDY COMMITTEE, TAX STUDY COMMISSION, AND THE WORKMEN'S COMPENSATION STUDY AND REVIEW COMMITTEE, AND TO ABOLISH THE COMMITTEE TO CONTINUE THE STUDY OF THE UNIFORM CONSUMER CREDIT CODE.
A. The Committee to Continue the Study of the Uniform Consumer Credit Code is abolished.
B. Chapters 21, 41, and 45 of Title 2 of the 1976 Code are repealed.
C. This section takes effect July 1, 1991./

Amend sections, totals, and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

The Finance Committee proposed the following Amendment No. 59 (5674.HC), which was adopted:

Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:

TO AMEND SECTION 6-23-250 OF THE 1976 CODE, RELATING TO TAXATION OF JOINT AGENCIES FOR PURPOSES OF THE JOINT MUNICIPAL ELECTRIC POWER AND ENERGY ACT, SO AS TO EXEMPT THEM FROM THE ELECTRIC POWER LICENSE TAX.

Section 6-23-250 of the 1976 Code is amended by adding at the end:

"Joint agencies are exempt from the tax imposed pursuant to Section 12-23-10."/

Amend sections, totals, and title to conform.

Senator J. VERNE SMITH explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

Senator POPE was recognized to speak on the Point of Order raised by Senator McCONNELL that Amendment No. 32 was violative of Section 12-7-437.

Senator POPE called the PRESIDENT'S attention to the Ruling of the President of May 16, 1986, and, further, called the PRESIDENT'S attention to the language found on page 772, line 40, and page 773, lines 1-2, of the Finance Committee Report which states:

"All Acts or parts of Acts inconsistent with any of the provisions of Part I of this Act are hereby suspended for the Fiscal Year 1991-92."

Senator McCONNELL spoke on the Point of Order.

Senator MACAULAY spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

On motion of Senator WADDELL, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over to third reading all pending amendments on the Desk.

On motion of Senator WADDELL, debate was interrupted by adjournment.

On motion of Senator WADDELL, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:

Appointment, Member, State Development Board, with term to expire May 21, 1996:

10th Judicial Circuit:

Mr. E. Blair Rice, Jr., Blair Mills, Post Office Box 97, Belton, S.C. 29627 VICE T.R. Evatt

Reappointment, Member, South Carolina Real Estate Commission, At-Large, with term to commence July 1, 1991, and to expire June 30, 1994:

Mr. Gerald S. Tompkins, Jr., 425 McIver Street, Greenville, S.C. 29601

Reappointment, Member, S.C. Arts Commission, with term to expire June 30, 1994:

Mrs. Betsy S. Terry, 277 Batson-Pate Drive, Easley, South Carolina 29640

Reappointment, Member, South Carolina Arts Commission, with term to expire June 30, 1994:

Mrs. Jean S. Jones, 1640 Mt. Lebanon Road, Campobello, S.C. 29322

MOTION ADOPTED
On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Peter Woodrow Hendricks of Chapin, South Carolina.

At 4:36 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

This web page was last updated on Tuesday, June 30, 2009 at 8:58 A.M.